Hon'ble Vedpal,J.
Heard learned counsel for the petitioners and the learned Additional Government Advocate.
Under challenge in the instant writ petition is the FIR relating to Case Crime No.1098 of 2009 under Sections 363, 366 I.P.C., Police Station Maholi, District Sitapur.
In the FIR, the age of the prosecutrix Smt. Pooja @ Bitta has been shown to be 16 years, although the argument advanced by the learned counsel for the petitioners is that Smt. Pooja @ Bitta is a major and is married with petitioner no.2. There is no authenticity with respect to the age of Smt. Pooja as to whether she is major or not.
Therefore, petitioner no.2 shall produce Smt. Pooja before the Investigating Officer, who will get her medically examined with Chief Medical Officer, Sitapur with respect to ascertainment of her age. The Chief Medical Officer, Sitapur, shall transmit the medical report with regard to the age of Smt. Pooja to this Court in the week commencing 12.7.2010.
Since petitioner no.2 undertakes to produce Smt. Pooja before the Investigating Officer on 2.7.2010, as such list this case in the week commencing 12.7.2010.
Till the next date of listing, petitioners nos.2 and 3, namely, Amar Deep and Suresh Katiyar shall not be arrested in the aforesaid case crime number.
However, it is clarified that if the petitioner no.2 fails to produce Smt. Pooja before the Investigating Officer on 2.7.2010, the benefit of this order shall not be available to the petitioners. The Investigating Officer after getting her medically examined, shall send Smt. Pooja to Women Protection Home till further orders of this Court.
Order Date :- 22.6.2010 Tripathi